HomeMy WebLinkAbout18- Public Services CITY OF SAN BER"'ARDINO - REQUEST "TOR COUNCIL ACTION
- From: Manuel P. Moreno, Jr. Subject: Designation of the San Bernardino County
Department of Environmental Health
Dept: Public Services Services as the Local Enforcement Agency
of the California Integrated Waste
Date: 08/26/93 Management Board.
Synopsis of Previous Council action:
;recommended motion:
Adopt the Resolution
Signature
Contact person: Kevin Barnes, Refuse Superintendent Phone: 5053
Supporting data attached: Staff Report, DEHS Letter of Request Ward: All
Resolution
FUNDING REQUIREMENTS: Amount: None — Currently paid for through county landfill
tipping fee surcharge.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262 Agenda Item No
CITY OF SAN BERT DINO - REQUEST OR COUNCIL ACTION
STAFF REPORT
BACKGROUND
The California Integrated Waste Management Board regulates all
solid waste facilities (landfills, transfer stations, and recycling
facilities) through Local Enforcement Agencies (LEAs) throughout
the state. There are over 50 LEAs, most of which are county or
regional areas. LEAs were formally redesignated in August 1992
through formal endorsement by a majority of cities in each LEA
boundary. The San Bernardino County Department of Environmental
Health Services (DEHS) has traditionally been the local LEA. Since
the County also controls the landfills through its Solid Waste
Management Department, much doubt existed last year over
designating one County agency to regulate another. The City of San
Bernardino therefore abstained from redesignating the DEHS as the
local LEA. The DEHS was conditionally approved by the State, with
cities totalling 57% of the county population formally designating
them.
CURRENT ACTION
The DEHS has requested support through formal designation from
cities which abstained last year. There is no statutory
requirement for such action. According to staff's contact with the
LEA section of the California Integrated Waste Management Board,
the DEHS is about to undergo a review of last years's conditional
approval. It therefore appears that the purpose of the DEHS
request is to prepare for said review. Since the City of San
Bernardino is planning to apply for a Material Recovery Facilities
Permit, it is in our City's interest to relieve the administrative
burden of the DEHS with respect to maintaining their State
designation.
RECOMMENDATION
Staff recommends adoption of the resolution formally designating
the San Bernardino County DEHS as the local LEA for solid waste
regulations.
75-0264
COUNTY OF SAN BERNARDINO
ENVIRONMENTAL HEALTH SERVICES ENVIRONMENTAL
«,t;NT. MANAGEMENT GROUP
SAN BERNARDINO
❑ 385 North Arrowhead Avenue a San Bernardino,CA 92415-0160 a (909)387-4646 PAMELLA BENNETT, R.E.H.S.
❑ 320 East"D" Street a Ontario, CA 91764 a (909) 391-7570 Director
❑ 15505 Civic Drive a Victorville,CA 92392 a (619)243-8141
❑ 17830 Arrow Boulevard a Fontana. CA 92335 a (909)829-6244 del ae.vmp the Clair o+:
❑ 57407 Twent nine Palms Highway a Yucca Valley,CA 92284 a (619) 228-5410 AdVanto Montclair
y g Apple Valley Needles
❑ San Bernardino County Vector Control Program Barstow Ontario
2355 East Fifth Street a San Bernardino, CA 92415-0064 a (909) 383-3200 July 28, 1993 B g Beat Lake Rancho Cucamonga
Chino Redlands
Chino Hills Rialto
Rr Colton San Bernardino
CE I V E D Fontana Twentymne Palms
Grand Terrace Upland
AUG Hesperia Victorville
Shauna Clark, City Administrator V Highland Yucaipa
City of San Bernardino 3 993 Loma Linda Yucca Valley
300 North "D" St.
San Bernardino, CA 92402
Dear Ms. Clark,
It has been a year since the Department of Environmental Health Services was re-certified as the Local Enforcement
Agency for the California Integrated Waste Management Board. The certification of the LEA was based on a
demonstrated ability to provide a program of permitting, inspection, and enforcement of solid waste facilities by
qualified personnel and adequate budgetary resources, as well as a re-designation by the Board of Supervisors and
a majority of the cities within the county containing a majority of the population.
Within the past year, the LEA has been successful in developing and issuing Solid Waste Facilities Permits for a
transfer station, a materials recovery facility, and a landfill. We are currently in the process of reviewing re-
permitting documents for numerous county-operated sites,as well as a municipal landfill,an interim transfer station,
and a sludge co-composting facility. In addition to our permitting activities, the LEA continues to inspect on a
monthly basis active landfills and illegal dumps in San Bernardino County, and takes enforcement action as
appropriate. We also are active in our Refuse Hauler Program to ensure that health and safety aspects of waste
collection and transportation are addressed.
In as much as the department is the sole LEA in San Bernardino County, we both appreciate and request your
continued support. Lacking, however, is notification that your city formally designates the department as the LEA.
We value the support of all cities within the county and feel that your support will assist our department in
solidifying our designation and allow us to continue our work in progress. Enclosed for your review and
convenience is a sample resolution stating the desire to retain the Department of Environmental Health Services as
the LEA.
Thank you for your support, and should you require additional information please do not hesitate to contact me or
Joan Mulcare of this office at (909) 387-4692.
Sincere ,
Pamella Bennett, Director
Department of Environmental Health Services
PB:cI
Attachment
cc: r= G!!vut idf,Sdid Waue'Spedalist `
Joan Mulcare, DEHS
RESOLUTION NO.
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DESIGNATING THE DEPARTMENT OF ENVIRONMENTAL
2 HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY
3 WHEREAS, each jurisdiction must be included in a local
4 enforcement agency for the enforcement of minimum standards for
5 solid waste handling, disposal, and permitting, or remand that
6 responsibility to the California Integrated Waste Management Board;
7 and
8 WHEREAS, the county Department of Environmental Health Services
9 possesses the required capabilities in environmental health and
10 solid waste management to implement AB 939 (Public Resources Code
11 §4000 et seq. ) and the ordinances, regulations, and standards that
12 have been and will be adopted pursuant thereto; and,
13 WHEREAS, the Department of Environmental Health Services has
14 sufficient personnel and an adequate budget to carry out the
15 enforcement program specified by law; and,
16 WHEREAS, letters of affirmation from a majority of the
17 incorporated cities within the County with a majority of the
18 population and from the County of San Bernardino Board of
19 Supervisors is required by Title 14 of the California Code of
20 Regulations (14CCR§18051) to designate an enforcement agency to
21 implement the California Integrated Waste Management Act of 1989
22 (AB939) ; and,
23 NOW THEREFORE, be it resolved that the City Council of the City
24 of San Bernardino does hereby pass, approve, and adopt this
25 resolution designating the County Department of Environmental Health
26 Services as the LEA for solid waste issues in this jurisdiction.
27
August 26, 1993 1
28
RESOLUTION OF THE MAYOR AND COMMON CuUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DESIGNATING THE DEPARTMENT OF ENVIRONMENTAL
1 HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY
a 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted
3 by the Mayor and Common Council of the City of San Bernardino at a
4 meeting thereof, held on the day of
5 1993 , by the following vote, to wit:
6 Council Members: Ayes Nays Abstain Absent
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 OFFICE VACANT
12 POPE-LUDLAM
13 MILLER
14
15 City Clerk
16 The foregoing resolution is hereby approved this day of
17 , 1993 .
18 TOM MINOR, Mayor
19 City of San Bernardino
20 Approved as to form and
legal content:
21 James F. Penman,
22 City Attorney
23 By: e'Ll
24
25
26
27
August 26, 1993 2
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